Patna High Court
Jhunnu PandeyversusThe State of Bihar through Mr. K.K. Pathak,
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted the petitioner liberty to avail other legal remedies.
Summary
Jhunnu Pandey filed a writ petition challenging the disposal of an encroachment appeal (Case No. 54 of 2022) by the District Magistrate, East Champaran, and sought a status quo. The High Court noted that the earlier order dated 10.10.2023 in CWJC No. 4083 of 2023 had been complied with, but the petitioner still desired liberty to pursue other legal remedies. The Court granted the requested liberty, allowing the petitioner to approach other forums for redress. Consequently, the petition was disposed of after granting the relief. The order was pronounced by Justice Mohit Kumar Shah.
Issues considered
- Whether the petitioner is entitled to liberty to avail other legal remedies despite the status quo order
Subjects
- writ jurisdiction
- encroachment
- status quo
- liberty to approach
- civil procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2583 of 2024
In
Civil Writ Jurisdiction Case No.4083 of 2023
======================================================
Jhunnu Pandey, Gender – Male, Son of Late Baijnath Pandey, Resident of
village- Gangapipra, Police Station- Paharpur, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through Mr. K.K. Pathak, Son of not Known Presently
Posted as principal secretary revenue and land reforms government of Bihar,
Patna.
2. Mr. Shrisat Kapil Ashok, Son of Not Known The then posted as The
Collector-cum-DM Sheohar, District- East Champaran at Motihari, Bihar.
3. Mr. Sanjeev Kumar Son of not known, The then posted as The S.D.O cum
S.D.M Areraj, District- East Champaran, Bihar.
4. Mr. Amit Kumar, Son of Not Known, The then Posted as The Circle officer,
Block- Paharpur, District- East Champaran, Bihar.
5. Ashok Ram Son of Late Shri Kishun Ram Resident of village Ganga Pipra,
Police Station- Paharpur, District- East Champaran, Bihar.
6. Raj Kumar Ram Son of Ashok Ram Resident of village Ganga Pipra, Police
Station- Paharpur, District- East Champaran, Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
Mr. Deepak Kumar, Advocate
Mr. Akash Rai, Advocate
For the State : Mr. Ebadur Rahma Shakeb, AC to AAG 13
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
5 18-03-2026 Admittedly, in compliance of the order of this Court
dated 10.10.2023 passed in CWJC No. 4083 of 2023, the
District Magistrate, East Champaran at Motihari has disposed of
the appeal bearing Encroachment Appeal Case No. 54 of 2022.
Nonetheless, it is pointed out that one of the encroachers has
Patna High Court MJC No.2583 of 2024(5) dt.18-03-2026
2/2
filed writ petition before this Court and order of status quo has
been passed therein.
2. In view of the aforesaid, the learned counsel for the
petitioner seeks liberty to avail such remedies as are otherwise
available under the law for redressal of his subsisting grievance.
Liberty, so sought, is granted.
3. Accordingly, the present petition stands disposed
of.
(Mohit Kumar Shah, J)
GAURAV S./-
U
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